at the expiry of its prescribed period. If the prescribed period of sworn abstention expires before the time for Hajj, no divorce is pronounced on his behalf until the time for Hajj arrives. If he then performs Hajj, he has fulfilled his oath and ceases to be subject to the rules of sworn abstention. If, according to the third opinion, the prescribed period is set when he fears missing Hajj, and he sets out and reaches Hajj by travelling swiftly, he has fulfilled his oath and ceases to be subject to those rules. If he does not reach Hajj, a divorce is pronounced on his behalf on the grounds of sworn abstention if its prescribed period has already expired, or upon its expiry if it has not yet expired. If, according to the fourth opinion, the prescribed period is set after he has missed Hajj, and he sets out the following year, no divorce is pronounced on his behalf when that period expires until the time for Hajj arrives. If the time for Hajj arrives [and he performs Hajj, he has fulfilled his oath and ceases to be subject to the rules of sworn abstention. If the time for Hajj arrives and he does not perform it, a divorce is pronounced on his behalf on the grounds of sworn abstention.
If he does not set out before the prescribed period of sworn abstention expires,] a divorce is pronounced on his behalf on those grounds. If his wife does not press her claim on account of his oath, and he does not perform Hajj that year, but she then raises her claim in the second year, the procedure begins anew for her as in the first year, subject to the differences of opinion already mentioned. Under the first opinion, he continues to be prohibited from intercourse, and the prescribed period of sworn abstention is set for him, even if she raises her claim before he can set out. Under the second opinion, he may resume intercourse until he is able to set out; the prescribed period of sworn abstention is then set for him. This is Ashhabโs opinion. Under the third opinion, he may resume intercourse until he fears missing Hajj; the prescribed period of sworn abstention is then set for him.
It has also been related from Ibn al-Qฤsim that, if he does not perform Hajj that year, he has broken his oath and the divorce takes effect. The basis of this opinion is that his oath is understood to mean that he will perform Hajj that very year. According to this opinion, therefore, he is not subject to the rules of sworn abstention, because there is a fixed deadline whose expiry constitutes a breach of his oath. He may thus have intercourse, since he has not yet broken his oath. It has also been said that, even according to this opinion, he may not have intercourse and is subject to the rules of sworn abstention: a divorce is pronounced on his behalf on those grounds if the prescribed period expires before he has missed Hajj.
Section
As for the third category, a divorce is pronounced on his behalf immediately, and no period of sworn abstention is set for him. This is because he cannot end his abstention by doing something beyond his ability, nor may he be allowed to do something unlawful which the Sacred Law forbids. However, if he goes ahead and performs the act, he has fulfilled his oath and the divorce is averted, but he incurs sin.